HomeMy WebLinkAboutR14-007 Ute Forest Subdivision File No. VIS-4434Eagle County, CO 201402504
Teak J Simonton 02/18/2014
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Commissioner
S .�- moved adoption
of the following Resolution:
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF EAGLE, STATE OF COLORADO
n1 r� 1
RESOLUTION NO. 2014 - yy
FILE NO. VIS -4434 .
VARIANCE FROM IMPROVEMENT STANDARDS
WHEREAS, Ken and Dagmar Huber own Lot C- , a m the er Forest Subdivision n.
Lot A -1 (each an "Applicant "; collectively the "Applicants")
Forest ") located in Edwards, Colorado, according to that certain plat recorded at Reception No.
407075 in the records of the Eagle County Clerk and Recorder; and
WHEREAS, The Eagle County Land Use Regulations ( "LUR ") require access serving
developments of more than three residences to meet Eagle County Road Standards; and
WHEREAS, there are a total of nine lots in Ute Forest, and residences have been
constructed on six of the nine lots; and
WHEREAS, each of the Applicants desire to construct asingle- family residence and an
accessory dwelling unit on their respective lots; and
WHEREAS, Applicants seek approval by the Eagle County Board of County
ndaids relating to the safety of
Commissioners for variances from two LAR spand Rod Improvement Standards, as etailed
roads, specifically, those relating to Dual
in their application (the "Application ") and the Staff Report submitted to the Board; and
WHEREAS, at a public hearings on the Eagle County o Engineering Board on January 28,
Department, Eagle
2014, the Board heard the presentations from the Ellgantsexamin d the Engineering Staff
County Wildfire Mitigation Specialist and the App
Report; viewed the Power Point presentation of m ps and
and views; staff andrthe Applicants
of
representatives of Eagle Rrver Fire Protection District;
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concerning the Application; and
WHEREAS, at the conclusion of the hearing on January f8he two variances concluding,
seconded and unanimously voted by the Board to approve each
after. hearing and seeing the evidence presented he safety roads, hatsthe hardship to theces from ty, and
the LUR improvement standards relating t Y
Applicants from denial of the variances outweiga tton the land affected n The Board inst uct d
welfare of persons affected and the adverse imp
staff to prepare a Resolution formally approving the Application, including the findings of the
Board based on the above - described record evidence concerning hardship to the Applicants and .
the safety of the public, for consideration at a meeting of the Board.
NOW,THEREFORE,THE BOARD OF COUNTY COMMISSIONERS FINDS,
based on the above-described record evidence and applying the criteria for evaluating requests
for variances from improvement standards set out in applicable LUR, that the hardship to the
Applicants from denying the variances outweighs the adverse impact on the health, safety and
welfare of persons affected and the adverse impact of the land affected if the variances are
granted.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT the above-described Application for variances from two LUR improvement
standards relating to the safety of roads, specifically, those relating to Dual Access and Road
Improvement Standards be and hereby is approved as to each and every variance therein
requested, with the following conditions:
1. Except as otherwise modified by this Variance approval, all material representations
made by the Applicants in this Application and in public meetings shall be adhered to
and considered conditions of approval.
2. The Applicants will work with Cordillera Metro District to develop an agreement to use
Emma's Way and Graham Road for emergency ingress/egress during fire-season. This
agreement must be executed prior to issuance of a Certificate of Occupancy for
construction on either Lot A-1 or Lot C-3. If an agreement cannot be reached, the
Applicants must submit, to the County, documentation to illustrate why agreement could
not be reached.
3. The Applicants must work with the Eagle County Wildfire Mitigation Manager to
conduct wildland fuel reduction work along the access roads in Ute Forest. This work
must be completed or in process to the satisfaction of the Wildfire Mitigation Manager
prior to issuance of a Certificate of Occupancy for construction on either Lot A-1 or Lot
C-3.
4. Wildfire mitigation strategies associated with new construction on Lot A-1 or Lot C-3
shall be implemented in accordance with the Eagle County Wildfire Regulations and
Building Resolution. This will be addressed during the building permit process.
5. The Applicants will propose a signage plan that is satisfactory to the Eagle County
Engineering Department as agreed to in items 1, 2, and 5 in the letter from Jinger
Cozzens dated December 14, 2013 (contained in Eagle County File No. VIS-8-13-4434).
This signage plan shall be implemented prior to approval of any Certificate of
Occupancy for construction on either Lot A-1 or Lot C-3.
6. The Applicants are responsible for working with the Ute Forest Home Owners
Association ("HOA") to inspect and maintain the roads, roadside drainage, culverts, and
guardrails located in Ute Forest. The guardrails shall be maintained in accordance with
CDOT Standards. The Applicants shall submit a letter from the Ute Forest HOA stating
that the HOA agrees to inspect and maintain the roads, drainage improvements and
guardrails in Ute Forest as needed prior to issuance of a Certificate of Occupancy for
construction on either Lot A-1 or Lot C-3.
7. The Applicants shall construct turnarounds at the driveway connection on the Cozzen's
property (Lot A-1) and on the Huber's property (Lot C-3) at the end of Chipeta Way that
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are satisfactory to the Eagle River Fire Protection District. The turnarounds will be
reviewed during the Building Permit process and constructed prior to issuance of any
Certificate of Occupancy for construction on either Lot A-1 or Lot C-3.
8. Applicants shall install all-metal, reflective, address signage at the entrance of their
respective driveways consisting of four inch (4")white lettering on a green background.
The address signs shall be placed three feet (3')to five feet (5') above the ground.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary
for the health, safety and welfare of the citizens of Eagle County.
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A ..
MOVED,READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the t( day of
Fly YLVIllz-9 , 2014, nunc pro tunc to the 28th day of January, 2014.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
41°44%
1/4,7�_� BOARD OF C• .', TY OMM :SIO "S
ATT r
.r ' Aotoai►� By' ,i L--
Clerk to the Board f Jill' H. Ryan
County Commissioners C airman
3L1 - -�"` 5 -- irco .
Sara J Fisher
Co - issioner , A
( /
athy Ch ler-Henry II Commissi.•-r
�`^
Commissioner 'I°L b seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Ryan 16-4A "
Commissioner Fisher 4--- "
Commissioner Chandler-Henry
This resolution passed by 5 / "6 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado
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